Apple and Samsung head back to court, but outcome could be different

Martyn Williams |
March 31, 2014

The never-ending legal battle between Apple and Samsung enters a new phase Monday when lawyers begin selecting a jury for a new trial that will address new complaints against a different set of phones.

Those more recognizable brands could make a difference to the outcome, said Roy Futterman, a director at DOAR Litigation Consulting and a clinical psychologist who works on trial strategies and the mindset of jurors.

"One of the big differences this time around is that Samsung has become a much more visible presence in the average American consumer's eyes," he said. "From a potential juror's point of view, this gives Samsung much more legitimacy from the start, which may have a substantial effect on how the jurors take in the case from the opening argument onward."

Lawyers for Apple and Samsung are expected to spend much of Monday selecting a jury. That's not necessarily an easy task in Silicon Valley, where both Apple and Android-owner Google employ thousands and exert wide influence.

When a jury has been selected, the trial will get underway. It will be heard on Mondays, Tuesdays and Fridays over the next few weeks.

The case is Apple vs. Samsung, 12-00630, at the U.S. District Court for the Northern District of California in San Jose.